An employer may be held personally liable for 100% of unpaid trust fund taxes (income tax withholding and the employer’s share of FICA). This is so even if the company files for bankruptcy and liquidates. One owner learned this the hard way when he failed to remit the taxes. In a series of events, his failure to ensure that the taxes were being paid was considered willful and sufficient to hold him liable.
New blog post today! Killing the Pink Tax
